Be kind to your Executor when writing your Will
Poorly written Wills (or revocable trusts) can create enormous headaches for the Executor (or successor Trustee) who has to track down Beneficiaries and interpret what the document requires. “Simple Wills” that don’t address the details can lead to expensive legal troubles later. Here are some issues to think about when you are designing your estate plan, so that your lawyer...
We Respect Our Aging Parents by Helping Them Plan for Future Needs
Could this be you? You’re in your thirties or forties, with several active children and a busy social and business life. You’ve got volunteer activities and school programs to keep track of. Your parents are in their seventies or eighties, have their own home, and appear to pay all their bills when due. You have no idea what your parents’ income or assets are because they don’t want to bother...
Medicaid Basic Rules
REAL ESTATE TRANSACTIONS IN ELDER LAW : Medicaid Basic Rules
The Medicaid application for nursing home care or care in the home can be complex.
by Linda Ershow-Levenberg, Certified Elder Law Attorney (C.E.L.A.)
June 2015;...
Keep track of Trust documents!
I had a meeting recently with a client whose spouse had set up an irrevocable life insurance trust (ILIT). The client is the beneficiary of the Trust. The Trust owned a substantial life insurance policy on the spouse. The spouse died 15 years ago, and the insurance policy was promptly paid to the Trust. The client is the Trustee, and established a brokerage account with the funds. The client...
Guardians and Agents under Powers of Attorney (POA) need to be aware of upcoming deadline for municipal lead paint inspection of NJ rental property — owner-occupied isn’t exempt
In 2020 according to one set of data, there were about 550,000 2- and 3-family rental properties in New Jersey. Many seniors own such buildings and live in one of the units. At a certain point in later life, they may be depending on their children (or others) as Power of Attorney or court-appointed Guardian to manage their finances and property. An important deadline is fast approaching that...
New law sets requirements for home caregiver employment in New Jersey
Home health care is a huge industry in the USA with over 3 million workers in 2022. The US Bureau of Labor Statistics estimates that jobs will grow by 22% over the next 8 years. New Jersey has thousands of in-home caregiver employees. Many seniors are trying to “age-in-place” and they hire caregivers to help them with their functional tasks of daily living. On January 12, 2024, New...
NJ Medicaid announces updates to financial eligibility numbers – here’s why it matters
The Medicaid program which pays for nursing home costs and for care in the community is called MLTSS – Medicaid Long Term Services and Supports. An applicant has to meet the specific financial requirements for income and assets (resources). These financial limits get updated every year. Some numbers go up in January, and others in July. This post reviews the numbers that are changing...
Tips for Elders who are Moving in with their Children
The years flash by and one day the family starts talking with their aged parents about moving the parent(s) to live with a child. It’s a good idea to talk about this with an elder law attorney because we can identify many issues to be considered. Here are a few of those issues, with general suggestions. Each person’s situation is unique of course, and this article isn’t...
Honoring Those Who Have Served
On this Veterans Day we want to express our appreciation for the selfless military service to our country that’s been provided by our clients, their family members, their friends and acquaintances, as well as those veterans we don’t know personally. Every era in American history has had its unique and awful challenges. Our veterans took on burdens and responsibilities for the...
WAYS TO PROTECT YOURSELF NOW THAT THE PUBLIC HEALTH EMERGENCY (PHE) IS COMING TO AN END
The Public Health Emergency (PHE) due to the COVID-19 pandemic that was declared as of March 12, 2020, is officially coming to an end on May 11, 2023. What does this mean for people who are enrolled in Medicaid? Those who have been on Medicaid for the length of the pandemic without any interaction with their board of social services will now need to prove their eligibility once again to keep...